Showing posts with label CFPB. Show all posts
Showing posts with label CFPB. Show all posts

Saturday, July 27, 2019

CFPB Faults Banks For Failing To Report Many Suspicions Of Elder Financial Abuse Directly To Law Enforcement

By Ted Knutson 

The Consumer Financial Protection Bureau faulted bank and credit unions today for frequently failing to report suspected cases of elder financial exploitation directly to the authorities. The bureau called the lapse a possible missed opportunity to strengthen prevention and response and issued an advisory urging them to step up reporting.

“More reporting to the relevant law enforcement agencies can increase investigation and prosecution,” said the CFPB in an update to a report on the issue it issued earlier this year.

Banks and credit unions tell police, adult protective services offices or other first responders in fewer than three out 10 times they suspect this kind of harm to seniors.

The agency emphasized robust reporting to adult protective services can increase the likelihood victims will receive appropriate services.

As of April, 26 states and the District of Columbia have mandated the reporting of suspected elder financial exploitation by bankers, credit union employees and other financial professionals.

In addition, since June 2018, the federal Senior Safe Act has attempted to take away the fear of financial institutions and professionals that they could be sued on privacy and other grounds for releasing personal financial information to authorities when they fear seniors may be being harmed. The law does not, however, mandate reporting. 

Full Article & Source:
CFPB Faults Banks For Failing To Report Many Suspicions Of Elder Financial Abuse Directly To Law Enforcement

Friday, June 3, 2016

Banks join fight to help financial exploitation of seniors


BUTLER COUNTY —With the population of Americans ages 60 and older growing faster than previously estimated, financial institutions are joining law enforcement in helping seniors being swindled of their life savings by scam artists.

“Elder financial exploitation has been called the crime of the 21st century, and fighting it has never been more urgent,” Richard Cordray, a former Ohio attorney general who is now director of the Consumer Financial Protection Bureau in Washington, recently told The Columbus Dispatch.

Though financial exploitation is one of the most common forms of elder abuse, it also is one of the least reported, he said.

Many victims are too embarrassed to pursue criminal action, Cordray said. Others are too emotionally or physically frail.

True Link Financial, a private financial-services company, estimates that elder exploitation costs victims about $36.5 billion a year — 12 times more than previously thought.

Older adults make attractive targets because they often have significant assets or equity in their homes and a steady source of income, such as Social Security or a pension, Cordray said.

Many also have cognitive decline or physical disabilities and are isolated from family and friends.

Many financial groups said protecting customers, especially the most vulnerable, is a top priority.

“Many banks already have procedures in place to detect fraudulent activity within older adults’ accounts,” said Christine Mulvin of HealthPath Foundation of Ohio, which serves 36 Ohio counties, including Butler County.

“Trained tellers look for signs of fraud, including large or frequent cash withdrawals, new account transfers or other unusual transactions. Another sign tellers look for is when another individual deposits checks for an older adult or checks begin being deposited through an ATM or mobile device,” she said.

Financial intuitions are using fraud detection software that looks for suspicious activity in an older adults’ account and special limits on older adults’ accounts can also be put in place, such as cash withdrawal limits or geographic limits that only allow for withdrawals within a certain region, according to Mulvin.

Still, financial institutions also have to be careful about what personal information they share if they detect fraud.

Banking institutions are generally able to report suspected financial fraud to authorities without violating privacy provisions in federal banking laws. Last year, the Ohio House also passed a bill that would add financial institutions to the list of mandatory reporters.

Technology has created new types of fraud and scams to swindle seniors out of their life savings, according to Laurie Petrie, vice president of communications for the Council on Aging of Southwestern Ohio, an agency that advocates on behalf of older adults and people with disabilities in Butler, Clermont, Clinton, Hamilton and Warren counties.

“A lot of elderly people trust caller ID and think that it will keep them safe,” Petrie said. “Now scammers have software to use a number that someone will recognize.”

“New and more sophisticated methods that are happening every day are being developed to rip off our seniors,” she said. “And as soon as you figure out a way to stop something like this from happening, the scammers find a way around it.”

In 2011, the Butler County Prosecutor’s Office started the Butler County Crimes Against the Elderly Task Force.

Susan Monnin, community outreach director for the prosecutor’s office, said the task force is working, but the scams are unfortunately finding success too.

“These scammers prey on the most vulnerable and have no conscience whatsoever,” she said, adding that they appeal to a senior’s emotions.

“These scammers call the elderly and appeal to their emotional side of the brain because they are lonely,” Monnin said. “The offer of a trip or lottery win appeals to that side of the brain rather than the rational side. You get a call saying a loved one needs money or they are going to jail and often times that scam can work.”

The Ohio attorney general’s office also has increased the investigation and prosecution of elder-abuse cases and improved victims’ access to services. It is working to develop a new advanced training course for law enforcement on the topic and will hold a financial-exploitation symposium in northeastern Ohio in August.

“The victim is who we need to worry about,” Attorney General Mike DeWine told the Dispatch. “The real tragedy of these things is you end up with a person who doesn’t feel safe or secure any longer. It’s not just about losing money.”

Full Article & Source:
Banks join fight to help financial exploitation of seniors

Friday, April 26, 2013

Senior "Specialists" Often Swindlers

Sometimes titles are important: M.D., PhD., J.D. Then again, there are faux titles like “senior specialist,” which often tell me that some financial exploitation is afoot.

For years, regulators have been monitoring brokers who use titles like “retirement planning specialist.” It’s hard to say which of these designations are meaningful since they are so loosely regulated. In many cases, the financial services industry doesn’t want customers to know that little training or expertise is involved.
The Consumer Financial Protection Bureau (CFPB) recently issued a report on these titles, which helps to illuminate a specialized form of financial abuse:

The Bureau found that there are more than 50 different senior designations that financial advisers use to indicate that they have advanced training or expertise in the financial needs of older consumers. These designations can confuse older consumers, who are already at risk for deception and fraud.”
“With such a bewildering array of titles and acronyms, it is no wonder that older Americans are confused and misled by these titles,” said CFPB Director Richard Cordray.

“Today’s report underscores the need for consistent high-level standards of training and conduct for those advisers who want to acquire a bona fide senior designation.”

Full Article and Source:
Senior Specialists Often Swindlers

See Also:
Read "Senior Designations for Financial Advisors"

Wednesday, December 26, 2012

Ohio Resident Questions Consumer Financial Protection Bureau's (CFPB) Integrity

I am copying below three e-mails which I received from representatives of the Consumer Financial Protection Bureau (CFPB) concerning the reason why the CFPB’s "privacy attorneys" blackened out what it did from the material which the CFPB now posts online at http://www.regulations.gov/#!documentDetail;D=CFPB-2012-0018-1047.

You can easily determine exactly what these attorneys blackened out by comparing pages 3 and 5 of the redacted version posted by the CFPB to the same pages of the unredacted version which I post online at http:\\home.roadrunner.com\~tvfields\UnredactedCFPBSubmission.pdf.

By making this comparison, you can verify the following:
• NOT redacted from page 3 is the reference to my father by the line which reads “The second example is represented by the page copied below from the medical record of my father.”
• NOT redacted from page 5 are the signatures of my father, Dr. Steinmetz, Nurse Nemeth and Dr. Sonneborn.
• What was redacted includes (1) the mention of an attorney’s involvement, (2) the mention of the attorney’s relationship to the parties, (3) the identity of Boca Raton Community Hospital, (4) all references to the fact that the patient was on a morphine drip, under a Do Not Resuscitate order, and just hours from dying of cancer.
• What remains after the redaction leaves false impressions about what was redacted. For example, it leads some people to wrongly suppose that what was redacted on page 5 was filed with the court as the patient’s Will and then contested as such. It leads others to wrongly suppose that the patient had not made out and saved his Will before these notes were entered into the medical record.

Considering what was and was not redacted, I have concluded that, contrary to the reason given in these e-mails, the redactions were NOT to protect the personal privacy of others.

To make this point even clearer, I post online at http:\\home.roadrunner.com\~tvfields\ReasonableRedactions.pdf what these redacted pages might have looked like if the purpose of the redaction was just to protect the personal privacy of others.
~ Tom Fields

----- E-Mails Received from the CFPB -----
From: CFPB_Ombudsman@cfpb.gov 7:42 PM
To: tvfields@oh.rr.com
Subject: RE: Update re. Request for Congressman LaTourette's Assistance

Mr. Fields -- Thank you for sharing this email with our office. It appears that you unfortunately may not have received the subsequent email that we sent to you, which explains that the information you requested be posted contains confidential information. Todd Vanlaere, who is posting the comments, offered to post your comment without the confidential information if you wish to resend it to him. Again, he can be reached at: todd.vanlaere@cfpb.gov.

We are attaching our previous email for your reference.

Thank you again for contacting the Ombudsman's Office, CFPB Ombudsman’s Office
Tel: 855 830 7880 (Toll-free)
Fax: 202 435 7888
consumerfinance.gov
*************************

From: Todd.Vanlaere@cfpb.gov [mailto:Todd.Vanlaere@cfpb.gov]
Sent: Wednesday, September 05, 2012 3:54 PM
To: tvfields@oh.rr.com
Subject: RE: Request for Clarification

Dear Mr. Fields:

I just wanted to touch base with you and let you know that I've received your email, and I am aware of your concerns about your submission. Your concerns are being addressed and I anticipate that I will be able to post your submission soon, but please advised that there will be some redaction. If you'd like me to send you the final redacted version of what our privacy attorneys clear to post prior to posting it, I'm happy to do so.

Thanks,
Todd
*************************

From: Todd.Vanlaere@cfpb.gov [mailto:Todd.Vanlaere@cfpb.gov]
Sent: Thursday, September 06, 2012 9:20 AM
To: tvfields@oh.rr.com
Cc: CFPB_Ombudsman@cfpb.gov; Hubert.Humphrey@cfpb.gov; Brett.Kitt@cfpb.gov
Subject: re. Request for Clarification

Dear Mr. Fields:

I have attached a redacted copy of what you have submitted to us. As a matter of policy, we redact comments that discuss individuals other than the commenter to protect their personal privacy. Therefore, as you can see, a lot of your document has been redacted. Per your request, I will not post anything for public viewing until you approve it.

Thanks,
Todd